Standard Oil Co. v. Siraco
Appellate Division of the Supreme Court of the State of New York
1Per curiam
It was error to dismiss defendant’s counterclaims and direct a judgment for plaintiff. The defendant had established the execution of contracts with an agent of the plaintiff clothed with apparent authority to act. Loux, the agent, was a general salesman for that district. The law will imply the power to follow the usual and customary conduct adopted in the business (Peterson v. City of New York, 194 N. Y. 437, 442); in this case the power to agree upon the price and other details of the contract to sell and to establish signs. The agency of Loux- was established prima facie by testimony and…
2Cases cited12 opinions
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Sider v. . General Electric Co.New York Court of Appeals · 1924
- Vermeule v. . City of CorningNew York Court of Appeals · 1920
- Sider v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1922
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3Cited by4 opinions
- Caminetti v. Pacific Mutual Life InsuranceCalifornia Supreme Court · 1943
- Gold Medal Farms, Inc. v. Rutland County Co-Operative Creamery, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
- KAUFMAN INC., ETC. v. American MacH. & F'dry. Co.New Jersey Superior Court Appellate Division · 1968
- State v. MacRiSupreme Court of New Jersey · 1963